WEST PALM BEACH, Fla. - Wilson Pierre, who was convicted in 2009 of second degree murder stemming from a Christmas Eve shooting in the Boynton Beach Mall in 2006, has had his conviction overturned and will face a retrial.
Berno Charlemond died in the shooting that Boynton Beach police say was gang related.
The mall at the time was filled with Christmas shoppers, according to information provided by police when they investigated the incident.
Pierre was charged with first-degree murder. The jury received instructions on the lesser included offenses of second-degree murder and manslaughter by intentional act, according to court documents.
A Palm Beach County jury found Pierre guilty of second degree murder in December of 2009 and he was sentenced to 40 years in jail.
Pierre appealed his conviction to the Fourth District Court of Appeal in West Palm Beach.
The court ruled that the attorney who represented Pierre before the 4th DCA was ineffective in arguing that the jury was given conflicting instructions for the charge of manslaughter.
The 4th DCA also ruled that the attorney did not tell the court that there was another case ruling in Florida that supported Pierre's jury instruction argument.
The court stated in its ruling that the counsel's omission of the other case compromised the appeal process.
Pierre's second degree murder conviction was vacated by the appeals court and he was ordered held for a new trial.